AGREEMENT BETWEEN LITTLETON CITY MANAGER'S OFFICE AND LITTLETON POLICE OFFICERS ASSOCIATION EFFECTIVE JANUARY 1, 2017 THROUGH DECEMBER 31, 2018
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1 AGREEMENT BETWEEN LITTLETON CITY MANAGER'S OFFICE AND LITTLETON POLICE OFFICERS ASSOCIATION EFFECTIVE JANUARY 1, 2017 THROUGH DECEMBER 31, 2018 Revised: August 9, 2016 Final: 1
2 ARTICLE 1 PREAMBLE This Agreement is entered into by and between the Littleton City Manager's office, Littleton, Colorado, hereinafter referred to as the "City," and the Littleton Police Officers Association (LPOA), hereinafter referred to as the "Association." It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Association, to provide for equitable resolution of differences, which may arise, and to establish proper standards of wages, hours, and other terms and conditions of employment. In the event of a conflict between any provisions of this Agreement and Federal and State law, the City Charter, City Council resolutions or ordinances, and City administrative rules, regulations, policies and procedures, the applicable law, Charter, resolutions, ordinances rules, regulations, policies and procedures shall control. Notwithstanding the foregoing, no administrative rules, regulations, policies, or procedures of the City of Littleton, shall modify wage scales (except to establish pension contribution rates) or benefits (which shall be offered according to the terms of the respective benefit plans) unless necessary in order to comply with the provisions of Article X, Section 20 of the Colorado Constitution, a/k/a the Taxpayers' Bill of Rights (hereinafter "TABOR"). If the City determines that a reduction of wages, as set forth in this Agreement, is required to bring the City into compliance with the spending provisions of TABOR, including any amendments to said article and section, no reduction shall occur prior to the following: The City shall notify the Association at least 30 days in advance of the effective date of the proposed wage reduction and a meeting to reopen wage discussions shall be arranged at a mutually satisfactory time between the Association and the City within ten (10) regularly scheduled working days of notification by the City. If no wage agreement is reached between the City and the Association within 30 regularly scheduled working days following notification by the City, and the City still deems it necessary to implement wage reductions to comply with TABOR, and the City's wage reduction shall be implemented for the applicable fiscal year, provided however, any such wage reduction applied to each classification under this Agreement shall be consistent with wage reductions made to all other job classifications under the authority of the City Manager. It is understood that the City shall have the right to revise its policies, procedures, rules and regulations with respect to the management, organization, and operation of the City and the conduct of its employees. Any revisions of policies, procedures, rules, and regulations by the City shall not change the material provisions of this Agreement. 2
3 ARTICLE 2 RECOGNITION The City recognizes the Association as the sole and exclusive bargaining unit for its employees, as defined in this Agreement, for the purpose of negotiating with respect to rates of pay, wages, hours, and other conditions of employment for the term of this Agreement. The bargaining unit shall be comprised of all sworn police officers of the City who are nonexempt employees and who are members of the Association. The City recognizes an Association negotiation committee of regular, full-time, nonprobationary employees of such number as may be equal to the negotiation committee of the City. The negotiation committee shall represent the Association in meetings with the City for the purpose of discussion with respect to wages, rates of pay, hours, and other conditions of employment for the term of this Agreement. Special conferences for the discussion of important matters such as revision of this Agreement, revision of City administrative procedures (not to include grievances) may be arranged at a mutually satisfactory time between the Association and the City within ten (10) regularly scheduled working days after the request of either party. Attendance of Association members at such conference will be with the approval of the Chief of Police. ARTICLE 3 NON-DISCRIMINATION Non-discrimination in employment shall be as provided by the Personnel Policies and Procedures of the City of Littleton. In addition, the City and the Association agree that there shall be no discrimination or coercion against any officer because of Association membership or non-membership. ARTICLE 4 ASSOCIATION BUSINESS Employees of the Police Department who are members of the Association shall be granted reasonable time to perform their Association functions, and attend local meetings, providing this time off does not interfere with Police Department operations as determined and approved by the 3
4 Chief of Police or his/her designated representative. ARTICLE 5 PAYROLL DEDUCTION OF DUES The City shall deduct the amount of Association dues certified to the City by the Treasurer of the Association from the pay of each member of the Association who has submitted written authorization for such deduction. Such deductions shall be made each pay period. The amounts deducted shall be sent by electronic deposit on the last payroll period of each month to the financial institution designated by the Treasurer of the Association. ARTICLE 6 WAGES Effective January 1, 2017-December 31, 201, officers at their top step in their salary range shall receive the salary adjustment as listed below under 2017 Annual Wage Rate on January 1, The City agrees that 2017 base annual wages when adjusted as scheduled above, will be as follows for the ranks shown below subject to any spending limitations imposed by TABOR: 2017 Annual Wage Police Officer IV $55, Police Officer III $61, Police Officer II $67, Police Officer I $73, Senior Police Officer $81, Master Police Officer $85, Detective $89, Corporal, step C $89, Corporal, step B $92, Corporal, step A $94, Sergeant, step C $97, Sergeant, step B $100, Sergeant, step A $103, The above rates represent the rounded rates as will appear in the payroll system, and may be slightly higher than the actual rates based off 2016 s steps. 4
5 WAGE REOPENER The City and the Association agree to negotiate new wage rates annually. METHODOLOGY FOR ESTABLISHING WAGES Wages shall be negotiated pursuant to the methodology established below subject to the approval of the City Council, which approval shall be presumed unless the Association is notified to the contrary by the City Manager prior to May 31, 2014, at which time the methodology will be subject to negotiation pursuant to the provisions for revision of this Agreement contained under the fourth paragraph under "Recognition." The classifications for which wages shall be negotiated under this section include: Police Officer IV Police Officer III Police Officer II Police Officer I Senior Police Officer Master Police Officer Detective Corporal, step C Corporal, step B Corporal, step A Sergeant, step C Sergeant, step B Sergeant, step A Employees shall be eligible for promotion to the next higher rank on the anniversary of their original hire date. The compensation methodology shall be constituted as follows: I. Annually, the Department of Human Resources will survey the benchmark classification of Senior Police Officer (Police Officer top step). II. Cities to be surveyed for wage comparison are: Arvada Commerce City Greenwood Village Parker Aurora Castle Rock Lakewood Thornton Boulder Englewood Lone Tree Westminster Brighton Ft. Collins Longmont Wheat Ridge Broomfield Golden Loveland Cherry Hills Village Greeley Northglenn 5
6 III. The salaries of these cities will be added together and divided by the number of cities surveyed for each classification in order to establish a market rate of pay for each classification. Market rate is defined as average or somewhat above average of the cities surveyed. IV. A final determination regarding the granting of market pay adjustments will be based on the City's ability to grant such adjustments, and by TABOR. V. Upon agreement of the market rate for the classification of Senior Police Officer, the wages of the remaining positions shall be set as follows: Police Officer IV: The association agrees to permit the City to establish entry level pay for the position of Police Officer IV. It is agreed that the City will maintain this level at a rate of pay which is competitive with the surveyed cities. Police Officer III: Nine percent (9%) below Police Officer II Police Officer II: Nine percent (9%) below Police Officer I Police Officer I: Nine percent (9%) below Senior Police Officer Senior Police Officer: Master Police Officer: Five percent (5%) above Senior Police Officer Detective: Ten percent (10%) above Senior Police Officer Corporal, step C Ten percent (10%) above Senior Police Officer Corporal, step B Three percent (3%) above Corporal, step C Corporal, step A Three percent (3%) above Corporal, step B Sergeant, step C Three percent (3%) above Corporal, step A Sergeant, step B Three percent (3%) above Sergeant, step C Sergeant, step A Three percent (3%) above Sergeant, step B For purposes of this Agreement, base monthly wages include the monthly salary for the classifications as shown above, but exclude any salary supplements, such as longevity pay, educational incentive pay, overtime pay, acting pay, court pay, uniform cleaning allowance, or other supplements to base monthly wages. ARTICLE 7 THE MASTER POLICE OFFICER PROGRAM The Master Police Officer (MPO) program is designed to recognize and reward officers who have demonstrated outstanding dedication to and achievement in their jobs. Its purpose is to provide incentive and recognition to officers who have levels of education, training, and skill beyond those required to be a police officer. It is recognized that education, experience, service 6
7 in special assignments and instructing other officers all contribute to an officer s skill level and value to the department. As an incentive to encourage officers to acquire a wide range of skills and expertise, the Master Police Officer program is hereby modified. Master Police Officer is not a rank to which an officer is promoted and is not a supervisory position. Officer will be recognized as a Master Police Officer upon achieving the following criteria: 1. Senior Police Officer A status for one year. 2. Completion of a supervisory training approved by the Chief of Police. 3. Accumulate a total of 6 points from the following list of achievements: (Maximum of 4 points for TRA s). 1. Task Related Assignment (TRA) 1 pt. each (minimum 1 year in assignment). Positions that fall into this category include: Defensive Tactics Instructor Field Training Instructor Firearms Instructor SWAT Officer K9 Officer 2. Task Related Assignment (TRA) 1 pt. each (minimum 2 years in assignment). Positions that fall into this category include: Intoxilyzer Instructor Standardized Field Sobriety Test Instructor Emergency Driving Instructor Drug Recognition Expert K9 Decoy Automation Instructor Honor Guard 3. Additional Temporary Duty Assignment 1 pt for each year (maximum of 4 pts). For purposes of this addendum, temporary assignment shall include any position performed by a police officer other than positions in regular patrol. As an incentive for officers to complete the above criteria and achieve the designation of Master Police Officer, those so qualified shall be authorized to wear an insignia on their uniform consisting of a single chevron with the letters MPO inscribed below. In addition an officer recognized as a Master Police Officer will be compensated at a rate of 5% above the rate of pay for a Senior Police Officer A. 7
8 ARTICLE 8 HEALTH INSURANCE The City shall provide group health and hospitalization plans for its City employees. (HMO plans shall be provided at the option of the City.) Membership in any plan offered by the City is available to all full-time permanent, probationary and certain qualified part-time employees. Health insurance re-openers may be negotiated in full contract years and/or wage re-opener years. ARTICLE 9 LIFE INSURANCE The City agrees to provide life insurance on the first day of employment, in an amount equal to one hundred fifty percent (150%) of the base annual salary under the terms as covered by the City s life insurance policy, to full-time police officers. Additionally, the City agrees to offer additional life insurance, through a group life insurance carrier, in an amount not to exceed the officer's base annual salary, unless so offered by the carrier. Thus, the total life insurance coverage provided to police officers is not to exceed twice the amount of base annual salary unless so offered by the carrier to employee. It is understood that the cost of this additional life insurance (in excess of base annual salary) is to be paid by the police officer through payroll deduction. ARTICLE 10 UNIFORM CLEANING ALLOWANCE The City agrees to pay each employee thirty-three dollars and seventy-five cents ($33.75) per month actually worked to defray the cost of uniform cleaning. This payment, known as a "uniform cleaning allowance," will be paid to each employee in the amount of four-hundred five dollars ($405.00) per full year worked, during the month of November. Should the employee terminate his/her employment during the calendar year, the employee shall receive, if not already paid at termination, this allowance at the rate of thirty-three dollars and seventy-five cents ($33.75) for each complete month worked. The employee agrees to return, prior to termination, 8
9 at the rate of thirty-three dollars and seventy-five cents ($33.75) per month, any allowance that was paid for the calendar year but that the employee will not work due to this termination. ARTICLE 11 UNIFORMS The City shall provide each police officer with an initial issue of police leather equipment, two uniform shirts, two uniform trousers, two uniform ties, appropriate badge and insignia, and other items as determined by the Chief of Police. Uniform items, including those purchased by the City or the employee, shall be replaced or repaired at City expense if damaged or lost during the reasonable exercise of official duty as a commissioned police officer. Determination shall be made by the Chief of Police within five (5) days after being advised of the damage or loss by the employee. It shall be the employee's responsibility to maintain uniforms and equipment at a high level of serviceability. The City shall provide an additional minimum uniform issue of three uniforms for the uniformed officer on an annual basis as approved by the Chief of Police. Minimum issue shall consist of three long-sleeve shirts, three trousers, one tie, and one uniform cap, or the monetary equivalent thereof at current market cost in credit of such expense which may be spent on police-related items as approved by the Chief of Police. This fund shall be established by calendar year and may be drawn against the account provided by the supplier as approved by the Chief of Police. ARTICLE 12 HOURS The City agrees to maintain a work schedule for police officers of patrol teams one through six and traffic, of four days on duty and three days off duty. A regular duty day will consist of ten hours and shall be regulated by the Chief of Police or designated representative. All other personnel shall work a 40-hour work week; the work schedule to be at the discretion of the Chief of Police. ARTICLE 13 OVERTIME Time and one-half (½) of the Police Officer's regular hourly rate shall be paid for work performed in excess of ten hours in any work day, or forty hours in any work week and in accordance with City policy. 9
10 Officers, who are ordered to perform work in excess of their normal duty hours, shall be compensated at the overtime rate for all hours worked in conjunction with the order regardless of whether they have taken paid leave during the same work week. ARTICLE 14 COURT TIME Court Time/Appearances: Two (2) hours or the actual time involved will be awarded for an appearance in court or other judicial hearing. The time will be converted at the rate of one and one-half (1 and 1/2) of the police officer s normal hourly rate with the following exceptions: 1. Court sessions beginning less than two hours before an officer is to report for duty will be considered continuous duty overtime, with the time calculated from the beginning of the court appearance (as designated on the subpoena) until the officer s scheduled reporting 2. Court sessions beginning when an officer is on duty and continuing beyond the scheduled end of shift will be considered continuous duty court overtime for the actual time involved. For the purposes of this policy directive, compensation begins at the time designated on the subpoena, or identified start time of hearing or other mandatory meeting relating to municipal, state, or federal court proceeding. Officers are not considered on-duty nor are they compensated for travel time to and from any off-duty court appearance, hearing, or other mandatory meeting relating to municipal, state, or federal court proceedings. ARTICLE 15 DISCIPLINE FOR JUST CAUSE Non-probationary employees may be disciplined for just cause, such discipline to include reprimand, suspension, demotion, or dismissal. The discipline imposed must be supported by the factual findings made. Persons grieving actions not related to this agreement but pertaining to the application of City policies and/or discipline shall utilize the Grievance and Appeal Process set forth in Chapter 8 of the City s Personnel Policies and Procedures. The propriety of the discipline imposed shall be determined in the sole discretion of the City Manager. In the event that an employee is disciplined or discharged for cause and makes a claim for back wages, all claims for back wages shall be limited to the amount of wages that the employee otherwise would have earned less any compensation received for employment obtained 10
11 subsequent to removal from the City payroll and less any unemployment compensation benefits. ARTICLE 16 GRIEVANCE PROCEDURE Any grievance or dispute which may arise between the parties pertaining to the application, meaning, or interpretation of this Agreement, shall be settled as described below. If the grievance relates to an alleged violation of the Agreement and directly involves the Police Department in its policy or actions, the Chief of Police shall be notified in writing by the President of the Association. If the Chief of Police and the President cannot resolve the grievance within one (1) week of the grievance being filed, the President of the Association may notify the City Manager. If the grievance relates to an alleged violation of the Agreement and involves the City in its policy or actions, the City Manager shall be notified in writing by the President of the Association. If the City Manager and the President cannot resolve the grievance within one (1) week of the grievance being filed with the City Manager, the City Manager and President of the Association shall jointly select a mutually accepted facilitator. The parties will each submit one facilitator's name and the parties will submit a mutual name. Names of facilitators may be obtained from colleges/universities, the State of Colorado, the American Arbitration Association, or other sources. From the list of three names, each party will strike one name and the remaining name will become the facilitator. In the event two names remain on the list, the facilitator with the most experience of the two will be used. The parties agree that they will equally share the cost of the facilitator. The facilitator is to function as an objective third party who is responsible for trying to bring about an agreement between the two parties by aiding the meeting process and diffusing points of disagreement. The facilitator shall remain neutral at all times, but may offer his or her opinion to either team. If after three meetings with the facilitator no progress is made, the facilitator may be released. Upon release, the facilitator shall provide a written summary of the points of disagreement and a recommendation to both teams. Failure to process the grievance within the limits established presumes that it has been satisfactorily resolved at the last step to which it has been properly processed. Failure on the part of the Chief of Police or the City Manager to answer the grievance in the time limits established in the preceding steps presumes that the claim made in the grievance is sustained and that the satisfaction requested will be provided. Similarly, failure on the part of the Association to process the grievance within the specified time 11
12 limits presumes that the grievance has been resolved on the basis of Management's last response. The time limits specified in the preceding steps may be extended by agreement of both parties. ARTICLE 17 VACATION AND HOLIDAYS Regular, full-time, non-probationary employees normally working a forty (40) hour week are entitled to paid vacation and holiday leave according to the following schedule. Benefit Level 1 to 5 years years to 10 years years to 15 years years to 20 years 286 Over 20 years 306 It is understood that the vacation listed above includes an allocation of thirteen and one-half holidays (108 hours). VACATION AND COMPENSATORY TIME CARRY OVER Vacation may be carried over from one year to the next based upon the following: Carry Over Limits Schedule: Effective 12/31 of each year Police Sergeants, Corporals, Officers Unused vacation hours in excess of the above carryover limits as of December 31 will be forfeited by the employee. Compensatory Time Police officers shall be paid any balance over 40 hours of compensatory time on November 30 of each year. Any compensatory time hours earned after November 30 will be carried forward into 12
13 the next year. ARTICLE 18 SICK LEAVE AND OTHER LEAVES OF ABSENCES Police officers shall accumulate sick leave at the rate of eight hours per month and shall be charged for each sick leave hour actually used as prescribed by the Personnel Policies and Procedures. ARTICLE 19 STEP-DOWNS Whenever a non-exempt sworn officer is temporarily assigned to perform in a classification lower than his/her present classification, and is so appointed by the Chief of Police or his designated representative, that Police Officer shall be compensated at the current rate of pay for the higher classification to which he/she was originally assigned. If and when a position reopens to which the officer was originally assigned, the officer will be eligible for the first available assignment to his/her former position, pending a practical demonstration of skills. ARTICLE 20 WORKING OUT OF CLASSIFICATION (ACTING PAY) The Chief of Police may appoint police officers to perform work in other classifications where vacancies in these classifications exist due to terminations, vacations, attendance at school or seminars, sick leave, injury leave or other extended emergency leave usage, and/or special training. Any time a police officer is required to work by the Chief of Police, or their designee, in a rank with a higher rate of pay, the police officer shall be compensated at the minimum rate of pay for the rank in which they are acting or five percent greater than his/her regular base salary, whichever amount is greater, but in an amount not to exceed the maximum of the pay range for the acting position. ARTICLE 21 SEVERABILITY 13
14 If any provision of this Agreement is subsequently declared by an appropriate legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances of the City, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE 22 DURATION OF AGREEMENT This Agreement shall be effective as of January 1, 2015, and shall remain in full force and effect until December 31, If no agreement on wages and benefits is reached as a result of these negotiations, the parties agree that wages will not be reduced, except where provided herein. ARTICLE 23 USE OF FACILITATOR If no agreement on a final contract extension can be reached by October 1 each year or by a mutually agreed upon later date, a mutually accepted facilitator will be employed to assist the City and the LPOA in reaching an agreement. The parties will each submit one facilitator's name and the parties will submit a mutual name. Names of facilitators may be obtained from colleges/universities, the State of Colorado, the American Arbitration Association, or other sources. From the list of three names, each party will strike one name and the remaining name will become the facilitator. In the event two names remain on the list, the facilitator with the most experience of the two will be used. The parties agree that they will equally share the cost of the facilitator. The facilitator is to function as an objective third party who is responsible for trying to bring about an agreement between the two parties by aiding the meeting process and diffusing points of disagreement. The facilitator shall remain neutral at all times, but may offer his or her opinion to either team. If after three meetings with the facilitator no progress is made, the facilitator may be released. Upon release, the facilitator shall provide a written summary of the points of disagreement to both teams. ARTICLE 24 LINE OF DUTY INJURY LEAVE 14
15 Officers, who are injured on-duty and are unable to return to full duty after they have used the maximum leave provided under the FMLA, shall be allowed to use an additional 12 weeks of any remaining paid, or if no paid leave remains, unpaid leave to allow them additional time to attempt to return to full duty. Officers who are injured off-duty and are unable to return to full duty after they have used the maximum leave provided under the FMLA, shall be allowed to use any remaining paid leave to allow them additional time to attempt to return to full duty. CITY OF LITTLETON LITTLETON POLICE OFFICERS ASSOCIATION Michael Penny City Manager Derek La Velle President, LPOA Date _ Date _ 15
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